Khaled and Minister for Immigration and Border Protection (Citizenship)

This matter concerned an application for Australian citizenship by conferral by a citizen of Lebanon, who had arrived in Australia in 1999 and was granted a partner visa in 2011. The applicant sought to qualify for citizenship under subsection 21(3) of the *Australian Citizenship Act 2007* (Cth) on the basis of a permanent or enduring physical or mental incapacity. The delegate of the Minister for Immigration and Border Protection refused the application, finding that the applicant had not provided sufficient evidence of such an incapacity. The applicant sought review of this decision before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant had a permanent or enduring physical or mental incapacity that rendered her incapable of understanding the nature of the citizenship application, demonstrating a basic knowledge of English, or demonstrating an adequate knowledge of Australia and the responsibilities and privileges of citizenship, as required by paragraph 21(3)(d) of the Act. The Tribunal also needed to consider whether the evidence established a causal connection between any identified incapacity and these specific functional limitations.

The Tribunal considered medical reports from various practitioners, including a general practitioner, a neurologist, and two psychologists. While reports from the general practitioner and neurologist did not substantiate a physical disability affecting the applicant's abilities under subsection 21(3), reports from psychologists Ms Taher and Ms Dover, and Dr Attia-Soliman, addressed the applicant's mental state. Dr Attia-Soliman diagnosed chronic depression, noting slowed cognition due to depression but also insight and reasonable judgment. Ms Taher treated the applicant for depression and PTSD symptoms, opining that her daily functioning and relationships were negatively affected. Ms Dover's report suggested a permanent psychological condition with limited ability for improvement in mental and cognitive skills, and stated the applicant was not in a position to attempt the citizenship test. However, the Tribunal found that Ms Dover's report, while asserting mental incapacity, lacked a clear expression of opinion on the causal connection between this incapacity and the specific functional limitations required by the legislation.

Ultimately, the Tribunal concluded that the evidence, taken as a whole, was insufficient to demonstrate that the applicant qualified for citizenship under paragraph 21(3)(d) of the Act due to a lack of established causal connection between her mental incapacity and the specific incapacities listed in the legislation. Accordingly, the Tribunal dismissed the application.